Case Note & Summary
The appellant, Bhagat Singh, the nephew of the deceased Bharat Singh alias Pappu, challenged the order of the High Court of Judicature at Allahabad dated 22nd January, 2026, which granted bail to Respondent No. 2, Kunwarpal Singh, who is Accused No. 1 in FIR No. 118 of 2025 registered at Police Station Chhata, District Mathura, Uttar Pradesh. The FIR alleged that the respondent along with two co-accused committed the murder of the appellant's uncle, and offences under Sections 103(1), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5, 25 and 27 of the Arms Act, 1959 were invoked. The appellant contended that the High Court granted bail without issuing any notice to him, the informant, which is mandatory under Section 479 of the Code of Criminal Procedure, 1973. The Supreme Court, after hearing the parties, found that the impugned order did not record any notice having been given to the informant. The Court held that the informant is a necessary party and must be heard before bail is granted. The Court set aside the impugned order and remitted the matter to the High Court for fresh consideration after providing an opportunity of hearing to the informant. The Court clarified that it had not expressed any opinion on the merits of the bail application and that the High Court would decide it afresh in accordance with law.
Headnote
A) Criminal Procedure - Bail - Notice to Informant - Section 479 CrPC, 1973 - The High Court granted bail to the accused in a murder case without issuing notice to the informant, who is the nephew of the deceased. The Supreme Court held that the informant is a necessary party and must be heard before bail is granted, as per the statutory mandate of Section 479 CrPC. The impugned order was set aside and the matter remitted for fresh consideration after hearing the informant. (Paras 1-6) B) Criminal Law - Murder - Bail - Serious Offences - Sections 103(1), 352, 351(2), 3(5) BNS, 2023; Sections 5, 25, 27 Arms Act, 1959 - The accused was charged with murder and other offences. The Supreme Court noted that the High Court did not consider the seriousness of the offences and the fact that the accused was the main accused. The bail order was set aside for non-compliance with procedural requirements. (Paras 2-6)
Issue of Consideration
Whether the High Court erred in granting bail to the accused without issuing notice to the informant as required under Section 479 of the Code of Criminal Procedure, 1973, and whether the bail order is liable to be set aside on that ground.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order dated 22nd January, 2026 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 2223 of 2026, and remitted the matter to the High Court for fresh consideration after providing an opportunity of hearing to the informant. The Court directed the High Court to decide the bail application afresh in accordance with law, without being influenced by any observations made in the order.
Law Points
- Bail in murder cases
- statutory notice to informant under Section 479 CrPC
- right of victim to be heard
- cancellation of bail for procedural irregularity
